58 Pa. Code § 491a.8 - Hearings generally
(a) Unless
the Board hears the matter directly, all matters, except for hearings under
§
441a.7 (relating to licensing
hearings for slot machine licenses), will be assigned to the OHA. The Board may
designate a member of the Board or other qualified person to serve as presiding
officer in a particular matter.
(b)
Hearings will be public unless a party invokes protection afforded to the party
under section 1206 of the act (relating to Board minutes and records) or §
407a.3(a)
(relating to confidential information).
(c) Hearings may provide for:
(1) Receipt of sworn testimony.
(2) Receipt of all relevant oral or
documentary evidence.
(3)
Opportunity for parties to be heard.
(4) A complete evidentiary record.
(5) Submission by the presiding officer of a
report or report and recommendation to the Board.
(d) Unless required by this part or
authorized by law, a party may not engage in an ex parte communication with the
Board or presiding officer.
(e)
Unless otherwise specified in the written notice, hearings will be conducted in
Harrisburg, Pennsylvania, and may be conducted by video conference or by
telephone as directed by the Board, Executive Director or presiding
officer.
(f) Written notice of
hearings will be provided to all parties, and served by the Clerk by first
class mail.
(g) Motions shall be
filed with the Clerk, served upon the parties and will be docketed and referred
to the Board, Executive Director or presiding officer for
disposition.
(h) Hearings will be
scheduled by the OHA, except for hearings under §
441a.7 which will be scheduled as
directed by the Board.
(i) A party
may waive the right to a hearing before the Board, Executive Director or
presiding officer by filing with the Clerk a Notice of Waiver of Hearing. The
matter will then be forwarded to the appropriate bureau for action or to the
Board for disposition. This section supersedes 1 Pa. Code §35.101 (relating to waiver of
hearing).
(j) Hearing transcripts
will be available for public inspection. If the Board receives a request for a
transcript of a hearing for which a transcript has not been prepared, the Board
will prepare a transcript and make it available for inspection within 30
days.
(k) This section supplements
1 Pa. Code Chapter 35, Subchapter B (relating to hearings and
conferences).
Notes
The provisions of this § 491a.8 amended under 4 Pa.C.S. §§ 1202(b)(30), 1205 and 1207(2) and (9).
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